W’ILL WILSON 

A-- GICNEIIAL 

December 13, 1962 

Honorable Burton S. Burks, Sr. 

County Attorney 

Hdod County 

Granbury, Texas 

Opinion No. WW-1494 

Re: Application and lmplementation of Article& 1677, 1678 

and 1679, V.C.S., relating 

Dear Mr. Burks: to county free libraries. 

You have requested the opinion of this office regarding the application and Implementation of Articles 

1677, 1678 and 1679, Vernon's Civil Statutes, relating 

to county free libraries. 

The pertinent articles are quoted: 

"Article 1677. 

"The coinmissioners court of any county 

may establish, maintain, a'nd operate within 

their respective counties, county free Iibrarles In the manner and with t$e functions 

prescribed in this title. The said court 

shall also have the power and authority to 

establish In co-operation with another county 

or counties a joint free county,library for 

the benefit of the co-operative countlea." 

"Article 1678. 

"The commissioners court of any county 

may establish county free libraries for that 

part of such county lying outside of the incorporated cities and towns already maintaining 

free public libraries and for suah additional 

parts of such counties as may elect to become 

a part of or to participate in such county 

free library system. On their own Initiative, 
.- . . 

Hon. Burton S. Burks, Sr., page 2 (w-1494) 

or whenpetitioned to do so by a majority 

of the voters of that part of the dounty 

to be affected, said‘court shall proceed 

to establish and provide for the maintenance 

of such library according to the further 

provisions of this title. The county llbrary shall be located at the county seat 

i-n the courthouse, unless more suitable 

quarters are available." 

"Article 1679. 

"The Cotixnissloners Courts are hereby 

authorized to set aside annually from the 

General Tax Fund, or the Permanent Improvement Fund of the county, as the said Court 

Maya determine, sums for the~maintaining of 

freer county libraries and for the erection 

of permanent improvements and the~securlng 

of land for free county libraries, but not 

to exceed twelve cents (12$) on the One 

Hundred Dollar ($100) valuation of all 

property in such county outside of all incorporated cities and towns already supporting a free public library, and upon 

all property within all Incorporated cities 

and towns already supporting a free llbrary, and upon all property within all lncorporated altles and towns already supporting a free public library which have 

elected to become a part of such free library systems provided in Title ‘35 of the 

Revised Civil Statutes, for the purpose of 

maintaining county free libraries and for 

purchasing property therefor." 

The above statutes are remedial in nature, being lntended to assist in the spread of public education throughout the State. Thus the rule of liberal construction applies with full force. 39 Tex.Jur. 273, Statutes, Sec. 145. 

Articles 1677, 1678 and~l679 are to be construed as a whole; 

Article 1677 sets forth the general authority of a commlssloners court to establish county free libraries; Article 

1678 provides the specific limits of the authority granted, 

and delineates the mechanics for establishing the said llbraries; Article 1679 sets out the means whereby the libraries shall be supported from tax funds. There is no conflict between the aforementioned statutes, and no constitutional question can reasonably be raised. 
c . 

Hon. Burton S. Burks, Sr., Page 3 (WW-1494) 

By Article 1678, the commissioners court is authorized to establish county free libraries for that - sal;oaihe 

county lying outside of any incorporated area t a 

maintains public libraries. It has been ascertained that 

there is no free pub11 library anywhere In Hood County or 

the incorporated areasctherein. It is, therefore, quite 

clear that the provisions of Article 1678 would apply to 

Hood County in its entirety. A library established pursuant 

to that statute would service the entire county. 

It has been contended that Article 1677 grants to the 

commissioners court complete discretion regarding the establishment of a county free library. A simple reading of the statutes 

as a whole reveals that contention to be untenable. The commisloners court has discretion up until the time a majority of 

the voters in the affected area, i.e., the whole of Hood County, 

petition the court for the establishment of a county free llbrary. At the time the commissioners court receives such a 

petition, Article 1678 decrees that "said court shall proceed 

to establish and provide for the maintenance of suchlibrary, 

according to the further provisions of this title." The Legislature could hardly have made its intentions any more certain. 

A further question has bezn raised as to the meaning of 

Article 1678, when it refers to 

voters . . .' Please be advised that it 

a majority of the 

is the'holding of this 

office that the definition found in Section 2, Article VI of 

the Texas Constitution applies here. The petition that is in 

question is not a vote for the purpose of issuing bonds or otherwise lending credit, or expending money or assuming any debt, 

and therefore may not, by the terms of Section 3a, Article VI, 

Texas Constitution, be limited to property ownin taxpayers. 

King vs. Carlton Independent School District, 15 f? Tex. 365, 295 

. . 408 (1956) . 

We will describe the effect of Article 1679, as It operates in conjunction with Articles 1677 and 1678: When a county 

free library has been authorized, either by the voluntary act 

of the commissioners court or by the involuntary act of the 

commissioners court in response to a petition signed by a majorlty of the voters, Article 1678 directs that said court "shall 

proceed to establish and provide for the maintenance of.such 

library according to the further provisions of this title." Thus, 

the establishment of the library is provided for in Article 1678 

and, once a sufficient petition has been presented, the commlssloners court has no power to refuse to establish it. Article 

1679 provides for the maintenance of the library from tax funds, 

and places discretion in the commissioners court for the allocation of tax funds to the various library purposes In an amount 
. . 

Hon. Burton S. Burks, Sr., Page 4 (WW-1494) 

not to exceed 12# on the $100 valuation of all property in 

the county which comes within the categories set forth In 

the~statute. In the event, apparently anticipated In your 

request, that the commissioners court is compelled to establish the 'county free library, but refuses to provide substantial funds for its oweration and maintenance. there Is 

no readily apparent mea&whereby the said court-may be. 

forced'to so provide funds.~ If a commissioners court is 

antagonistic to the wishes of the people, the electorate 

Its obvious remedy in the ballot. 

SUMMARY 

Article 1678, Vernon's Civil Statutes, applies to the whole of Hood County, there being 

no free public library In any Incorporated 

area in the said county. 

A petition for the establishment of a county 

free library may be signed by any qualified 

voter, and a sufficient petition makes it incumbent upon the commissioners court to establish such a library as soon after its presentation as may be practicable. 

Article 1679, Vernon's Civil Statutes, authorizes the commissioners court to set aside 

tax funds to maintain a county free library, 

and the statute vests discretion in the said 

court as to the amount set aside. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

has 

MLQ:ms 

, 

BY v-dMalcolm L. Quick 

Assistant 
. - 

Hon. Burton S. Burks, Sr., page 5 (WW-1994) 

APPROVED: 

OPINION COMMI'J?TEE 

W. V. Geppert, Chairman 

Albert Pruett 

Paul Phy 

REVIEWED FOR THE ATTORNEY GENERAL 

By: Leonard Passmore